Justin Thornton v. State of Arkansas

── Justin Thornton v. State of Arkansas ── Court: Supreme Court of Arkansas Date: April 23, 2026 Category: General Cite as 2026 Ark. 71 SUPREME COURT OF ARKANSAS No. CR-25-563 Opinion Delivered: Click or tap to enter a JUSTIN THORNTON date. APPELLANT APPEAL FROM THE FAULKNER COUNTY CIRCUIT COURT V. [NO. 23CR-24-182] HONORABLE H.G. FOSTER, JUDGE STATE OF ARKANSAS APPELLEE AFFIRMED. COURTNEY RAE HUDSON, Associate Justice The Faulkner County Circuit Court found appellant Justin Thornton guilty of kidnapping, aggravated residential burglary, first-degree domestic battering using a deadly weapon, aggravated assault on a family or household member, first-degree terroristic threatening, and fleeing. His aggregate sentence consists of consecutive sentences of life imprisonment for kidnapping and aggravated residential burglary, plus thirty-one years’ imprisonment. For reversal, Thornton argues that the circuit court erred by (1) denying his motion to dismiss all charges; and (2) allowing defense counsel to represent him despite counsel not being certified by the Arkansas Public Defender Commission for Class Y felonies. We affirm. On April 17, 2024, Thornton was charged by felony information with having committed the following six felony offenses against his wife, Tamikka Thornton, on February 17, 2024: (1) kidnapping (Class Y); (2) aggravated residential burglary (Class Y); (3) first-degree domestic battering, use of a deadly weapon (Class B); (4) aggravated assault on a family or household member (Class D); (5) first-degree terroristic threatening (Class D); and (6) theft of property – firearm value less than $2,500 (Class D).1 He was also charged with fleeing on foot from a law enforcement officer, a Class C misdemeanor. The State alleged that under Arkansas Code Annotated section 5-4-501 (Supp. 2025), Thornton is a habitual offender with four or more prior felony convictions. 2 On January 7, 2025, Thornton waived his right to a trial by jury. The case proceeded to a bench trial on February 11, 2025, when the following evidence was presented. Robert Yates, Tamikka’s friend and former boyfriend, requested that police conduct a welfare check on the morning of February 17, 2024, after Tamikka failed to meet him as planned. Officer Charles Case testified that he went to Tamikka’s residence on Lucille Street in Conway. As shown in the body-camera video of the welfare check, Case knocked on the front door, side window, and back door while a neighbor tried to call Tamikka’s phone. After nearly five minutes, Tamikka answered the front door, although the screened door remained shut. She had something over her mouth, which officers believed at the time to be a CPAP mask; she stated that she would be out in a second. She came outside with luggage a few minutes later, and another officer who had come to assist gave her a ride to meet Yates. Yates testified that he had known Tamikka for over ten years, and they usually spoke on the telephone once or twice a month. He lived in a suburb of Houston, Texas. Yates 1 The State nolle prossed the theft-of-property charge immediately before trial. 2 Although the State charged Thornton as a habitual offender and introduced evidence of his prior convictions at trial, the sentencing order does not reflect that Thornton was sentenced under the habitual-offender statute. 2 stated that he received a phone call from Tamikka at around 3:00 a.m. on February 16. 3 Tamikka was crying and distraught; he told her that he would be there the